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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Calvary Communications, Inc.    )    File No. EB-02-PA-205
                                )
Owner of Antenna Structure # 1025371 )  NAL/Acct.             No. 
200232400006
                                )
Pittsburgh, Pennsylvania        )    FRN 0003-1842-56       

                        FORFEITURE ORDER 

Adopted:  September 2, 2003             Released:   September  4, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
        monetary  forfeiture  in  the  amount  of  ten   thousand 
        dollars  ($10,000)   to  Calvary   Communications,   Inc. 
        (``Calvary''),  for   repeated  violation   of   Sections 
        17.4(g), 17.50  and 17.51(a)  of the  Commission's  Rules 
        (``Rules'').1  The  noted  violations  involve  Calvary's 
        failure  to  post  the  antenna  structure   registration 
        (``ASR'') number at the  captioned antenna structure,  to 
        adequately paint the captioned  antenna structure and  to 
        exhibit all red obstruction  lighting between sunset  and 
        sunrise.

     2.   On  July  25,  2002,  the  Commission's   Philadelphia, 
        Pennsylvania, District  Office (``Philadelphia  Office'') 
        issued a  Notice  of Apparent  Liability  for  Forfeiture 
        (``NAL'') to Calvary  for a forfeiture  in the amount  of 
        fifteen thousand dollars  ($15,000).2  Calvary filed  its 
        response to the NAL on August 23, 2002.

                         II.  BACKGROUND

     3.   Calvary owns  an antenna  structure, antenna  structure 
        registration (``ASR'')  number  1025371, located  at  599 
        Bolton Street in Pittsburgh,  Pennsylvania.  The ASR  for 
        that antenna structure indicates  that the height of  the 
        tower is approximately  125 meters above  the ground  and 
        that  painting,   top  beacon   lighting  and   mid-point 
        lighting are required.  At 3:00  p.m. on May 7, 2002,  an 
        agent from  the  Philadelphia  Office  inspected  antenna 
        structure #1025371.   During  the inspection,  the  agent 
        observed that the tower's ASR number was not posted  near 
        the base  of the  tower and  that the  tower's paint  was 
        faded,  flaking  and  partially  concealed  by  unpainted 
        coaxial cables.  At approximately  8:15 p.m. on both  May 
        7 and 8,  2002, the agent  returned to antenna  structure 
        #1025371 and remained there until after sunset.  On  both 
        occasions,  the  agent  observed  that  the  tower's  ASR 
        number was not  posted near the base  of the tower;  that 
        the  tower's  paint  was  faded,  flaking  and  partially 
        concealed  by unpainted  coaxial  cables;  and  that  the 
        tower's red obstruction lighting was extinguished at  the 
        top and mid levels of the antenna structure.

     4.   On May  20,  2002,  the Philadelphia  Office  issued  a 
        Notice  of  Violation  (``NOV'')   to  Calvary  for   the 
        violations  observed on  May  7  and  8,  2002.   In  its 
        response, filed on June  19, 2002, Calvary stated that  a 
        lightning  strike  had  caused  the  lighting  outage  at 
        antenna structure #1025371.  Calvary further stated  that 
        it had temporarily repaired  the lighting outage and  was 
        in   the   process    of   making   permanent    repairs.  
        Additionally, Calvary  provided a  copy of  its  contract 
        with Edmiston Tower,  Inc., entered into  after the  NOV, 
        to paint antenna structure #1025371.

     5.   On July 25, 2002, the Philadelphia Office issued a  NAL 
        for a forfeiture  in the  amount of  $15,000 to  Calvary.  
        The  NAL  alleged  willful  and  repeated  violation   of 
        Sections 17.4(g)  (failure  to  post the  ASR  number  at 
        tower  #1025371),  17.48(a)  (failure  to  report   known 
        lighting outage  to the  Federal Aviation  Administration 
        at tower #1025371),  17.50 (failure  to adequately  paint 
        antenna  structure  at   tower  #1025371)  and   17.51(a) 
        (failure to exhibit all red obstruction lighting  between 
        sunset and sunrise at  tower #1025371) of the Rules.   In 
        its  response,  filed  July  19,  2002,  Calvary   denies 
        violating Section 17.48(a) of the Rules.  Calvary  admits 
        violating  Sections  17.4(g),  17.50  and  17.51(a)   but 
        requests reduction  of the  proposed monetary  forfeiture 
        to $5,000.  Calvary  explains that,  before the  lighting 
        outage, its  automatic  alarm  system  malfunctioned  and 
        that, because it was  making weekly visual checks of  the 
        lighting  during  the  failure  of  the  automatic  alarm 
        system, ``the tower lighting could not have been out  for 
        a period of  longer than  seven days'' prior  to the  FCC 
        agent's inspection.  Calvary  also argues  that it  acted 
        in   ``good   faith''    by   quickly   correcting    the 
        deficiencies,3  that it  has  ``an  exemplary  record  of 
        compliance'' and  that  payment of  the  full  forfeiture 
        amount would be ``a difficult burden'' for Calvary.

                      III.      DISCUSSION

     6.   The  proposed  forfeiture  amount  in  this  case   was 
        assessed  in  accordance  with  Section  503(b)  of   the 
        Communications  Act  of  1934,  as  amended   (``Act''),4 
        Section  1.80  of  the   Rules,5  and  The   Commission's 
        Forfeiture Policy  Statement  and  Amendment  of  Section 
        1.80  of  the   Rules  to   Incorporate  the   Forfeiture 
        Guidelines, 12 FCC  Rcd 17087 (1997),  recon. denied,  15 
        FCC Rcd 303 (1999) (``Policy Statement'').  In  examining 
        Calvary's response, Section  503(b) of  the Act  requires 
        that  the  Commission  take  into  account  the   nature, 
        circumstances, extent and gravity  of the violation  and, 
        with respect to the violator, the degree of  culpability, 
        any history of prior offenses, ability to pay, and  other 
        such matters as justice may require.6

     7.   Section 17.4(g) of the Rules requires posting a tower's 
        ASR number in  a conspicuous place near  the base of  the 
        antenna structure.  Section  17.50 provides that  antenna 
        structures  requiring  painting   shall  be  cleaned   or 
        repainted  as  often  as   necessary  to  maintain   good 
        visibility.   Section  17.51(a)  requires  that  all  red 
        obstruction  lighting   be  exhibited   from  sunset   to 
        sunrise.  On the  basis of the  FCC agent's  observations 
        during his investigation and Calvary's response, we  find 
        that Calvary repeatedly violated Sections 17.4(g),  17.50 
        and 17.51(a) of the Rules. 7

     8.   Section  503(b)  of  the   Act  gives  the   Commission 
        authority to  assess  a forfeiture  penalty  against  any 
        person if the Commission  determines that the person  has 
        ``willfully or  repeatedly'' failed  to comply  with  the 
        provisions of the  Act or  with any  rule, regulation  or 
        order  issued  by  the  Commission.   In  light  of   our 
        determination that  Calvary's violations  were  repeated, 
        it is not necessary  to determine whether they were  also 
        willful. 8

     9.   Section 17.48(a) of the Rules requires tower owners  to 
        immediately report known lighting outages to the  Federal 
        Aviation Administration.   Calvary  asserts that  it  did 
        not know of  the outage observed  on May 7  and 8,  2002, 
        until it was  notified by  the Commission.   In light  of 
        this assertion,  we  find that  Calvary did  not  violate 
        Section 17.48(a) of the  Rules.  We, therefore, will  not 
        impose  a forfeiture  amount  for  violation  of  Section 
        17.48(a).

     10.  Calvary's correction  of  its  violations  of  Sections 
        17.4(g),  17.50  and  17.51(a)  of  the  Rules  does  not 
        warrant a  reduction of  the proposed  forfeiture on  the 
        basis of  ``good faith.''   As the  Commission stated  in 
        Seawest Yacht  Brokers,  9  FCC Rcd  6099,  6099  (1994), 
        ``corrective action taken  to come  into compliance  with 
        Commission rules  or  policy is  expected, and  does  not 
        nullify   or   mitigate   any   prior   forfeitures    or 
        violations.''  9    Calvary's  actions   before  it   was 
        notified of the  outage also  do not  warrant any  ``good 
        faith'' reduction.   Calvary  knew  its  automatic  alarm 
        system  was  malfunctioning  but  did  not  arrange   for 
        repairs until after the  outage.  Section 17.47(a)(1)  of 
        the Rules10  required daily  visual checks  of the  tower 
        lighting11 during  the  failure of  the  automatic  alarm 
        system.  Calvary, however, made only weekly checks.

     11.  Calvary's  assertion  that  payment  of  the   proposed 
        forfeiture amount would be  a difficult financial  burden 
        also does  not  justify  a reduction  in  the  forfeiture 
        amount.  As explicitly  stated in  the NAL,  we will  not 
        consider reducing or canceling  a forfeiture in  response 
        to a  claim of  inability to  pay unless  the  petitioner 
        submits: (1)  federal  tax returns  for the  most  recent 
        three-year  period;  (2)  financial  statements  prepared 
        according  to  generally  accepted  accounting  practices 
        ("GAAP");  or  (3)  some  other  reliable  and  objective 
        documentation that accurately  reflects the  petitioner's 
        current financial status.   We cannot consider  Calvary's 
        inability to pay  claim because Calvary  did not  provide 
        any financial documentation  whatsoever.  However, we  do 
        find that  Calvary has  a history  of overall  compliance 
        and,  accordingly,  reduce   the  forfeiture  amount   to 
        $10,000.

     12.  We have examined Calvary's response to the NAL pursuant 
        to the statutory factors  above, and in conjunction  with 
        the  Policy Statement  as  well.   As  a  result  of  our 
        review, we  conclude  that  Calvary  repeatedly  violated 
        Sections 17.4(g),  17.50 and  17.51(a) of  the Rules  and 
        that the appropriate forfeiture amount is $10,000.

                        IV.  ORDERING CLAUSES

     13.  Accordingly, IT IS  ORDERED that,  pursuant to  Section 
        503(b)  of  the  Act,  and  Sections  0.111,  0.311   and 
        1.80(f)(4)  of the  Rules,12  Calvary  IS  LIABLE  FOR  A 
        MONETARY  FORFEITURE  in  the  amount  of  ten   thousand 
        dollars ($10,000)  for failure  to post  the ASR  number, 
        light  and   adequately  paint   the  captioned   antenna 
        structure, in  repeated  violation of  Sections  17.4(g), 
        17.50 and 17.51(a) of the Rules.

     14.  Payment of the forfeiture shall  be made in the  manner 
        provided for in Section 1.80 of the Rules within 30  days 
        of the release of this  Order.  If the forfeiture is  not 
        paid  within  the  period  specified,  the  case  may  be 
        referred to  the  Department of  Justice  for  collection 
        pursuant to Section 504(a) of the Act.13  Payment may  be 
        made by mailing  a check or  similar instrument,  payable 
        to the order  of the  Federal Communications  Commission, 
        to  the  Federal  Communications  Commission,  P.O.   Box 
        73482, Chicago, Illinois 60673-7482.  The payment  should 
        reference NAL/Acct. No.  200232400006 and FRN  0003-1842-
        56.  Requests for full payment under an installment  plan 
        should be sent to: Chief, Revenue and Receivables  Group, 
        445 12th Street, S.W., Washington, D.C. 20554.14

     15.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
        be sent by First Class and Certified Mail Return  Receipt 
        Requested  to  Michael  F.  Morrone,  Esq.,  Keller   and 
        Heckman  LLP,  1001  G  Street,  N.W.,  Suite  500  West, 
        Washington, D.C. 20001.

                              FEDERAL COMMUNICATIONS COMMISSION

                         
                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

  1 47 C.F.R.  17.4(g), 17.50 and 17.51(a).

  2 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232400006 (Enf. Bur., Philadelphia  Office, released July  25, 
2002).    

  3  Calvary's  response  to  the  NAL  indicates  that   Calvary 
corrected the violations of Sections 17.4(g), 17.50 and  17.51(a) 
of the  Rules  but does  not  indicate  the exact  dates  of  the 
corrections.

  4 47 U.S.C.  503(b).

  5 47 C.F.R.  1.80.

  6 47 U.S.C.  503(b)(2)(D).

  7 As provided by 47 U.S.C.  312(f)(2), a continuous  violation 
is ``repeated''  if it  continues for  more than  one day.    The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn. 56 (2003).

  8 Koke, Inc., 23 FCC 2d 191 (1970).

  9 See also Callais  Cablevision, Inc., 17 FCC Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

  10 47 C.F.R.  17.47(a)(1).

  11  See, eg.,Crown  Communications,  Inc., 15  FCC  Rcd  21937, 
21939 (Enf. Bur. 2000).

  12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  13 47 U.S.C.  504(a).

  14 See 47 C.F.R.  1.1914.